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Tag Archives: TRAP laws

Planned Parenthood remains subject to TRAP restrictions in Missouri

21 Saturday Dec 2024

Posted by Michael Bersin in Uncategorized

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Tags

abortion, Amendment 3, Jackson County Circuit Court, missouri, Planned Parenthood Great Plains, TRAP laws, women's health care, women's reproductive health

“….However, the practical effect of the decision is that no health center in the state can restart abortion services because none has an abortion license, or can get one under the state’s draconian requirements. The vast majority of Planned Parenthood health centers cannot comply with the medically irrelevant size requirements for hallways, rooms, and doors—and no health centers are able to comply with an equally irrelevant, invasive vaginal exam for patients seeking medication abortion. Plaintiffs will continue to fight to see that these restrictions are enjoined….”

“Abortion is health care”

Yesterday, in the Jackson County Circuit Court a significant number of TRAP laws (“targeted regulation of abortion providers”) in Missouri statutes were enjoined. However, certain restrictions remain in place, creating barriers to the resumption of women’s reproductive health and abortion rights in Missouri as guaranteed in Amendment 3 which was approved by Missouri voters in November.

Yesterday, from Planned Parenthood – Great Plains:

Two weeks after Amendment 3 takes effect, Planned Parenthood providers remain unable to restart abortion care due to court order allowing multiple TRAP laws and other restrictions to stay in effect

For Immediate Release: Dec. 20, 2024

Missourians remain unable to exercise their constitutional right to abortion under Amendment 3 at Planned Parenthood clinics after a Jackson County circuit court judge issued a mixed decision that leaves in place numerous abortion restrictions. While Planned Parenthood stands ready to start providing abortions in Missouri again as soon as the Court permits, the abortion restrictions remaining in effect – including Missouri’s medically unnecessary and discriminatory clinic licensing requirement – make this impossible.

As a result of today’s mixed decision, Missourians continue to be deprived of time-sensitive, essential, and constitutionally protected health care, despite voting in favor of a constitutional right to abortion.

In a win for abortion rights, the court enjoined the state’s abortion bans, including the Total Ban, as well as the vast majority of the TRAP laws Plaintiffs challenged, including the 72-hour mandated delay period, biased information requirements, and hospital admitting privileges.

However, the practical effect of the decision is that no health center in the state can restart abortion services because none has an abortion license, or can get one under the state’s draconian requirements. The vast majority of Planned Parenthood health centers cannot comply with the medically irrelevant size requirements for hallways, rooms, and doors—and no health centers are able to comply with an equally irrelevant, invasive vaginal exam for patients seeking medication abortion. Plaintiffs will continue to fight to see that these restrictions are enjoined.

The licensure requirement also leaves Planned Parenthood facilities at the whim of anti-abortion officials in Missouri, who can continue to weaponize the licensure process to limit abortion access, as they have done for decades. In 2019, for example, the Department of Health and Senior Services used facility licensure as the tool to target the last-remaining abortion facility in the state in an attempt to eliminate all abortion access. The effort was later rejected by the State’s Administrative Hearing Commission. During this process, the Department invented a new requirement that patients seeking medication abortion must submit to a medically unnecessary invasive vaginal exam. It was revealed during that litigation the Health Director maintained a spreadsheet of Planned Parenthood patients’ menstrual cycles.

The health care providers who filed the challenge, Comprehensive Health of Planned Parenthood Great Plains and Planned Parenthood Great Rivers–Missouri, would have been able to immediately resume abortion care if the court had granted the requested preliminary relief. Plaintiffs are evaluating their legal options, as they vow to continue fighting to fulfill the promise of Amendment 3 and restore abortion access in Missouri.

Emily Wales, Planned Parenthood Great Plains President and CEO [2024 file photo].

“It is unacceptable that tomorrow, just like for the past two weeks, Missourians will have a constitutional right that cannot be realized in their home state,” said Emily Wales, president and CEO of Comprehensive Health of Planned Parenthood Great Plains. “We’re relieved the court recognized and enjoined many oppressive laws on the books that serve no purpose except to put abortion out of reach. Unfortunately, a key tool weaponized by anti-abortion politicians — the licensure process — remains in effect, and we are unable to restore care. We stand ready to begin providing access to abortion in Missouri and will keep fighting to ensure Missourians’ rights are fully realized as soon as possible.”

“While we are pleased the court blocked most of the abortion bans and restrictions in the lawsuit, we are disappointed that today’s decision continues to allow the State of Missouri to deprive Missourians of their constitutionally protected right to abortion,” said Richard Muniz, interim President and CEO of Planned Parenthood Great Rivers. “Last month, Missourians voted to ensure abortion is available for those who need it, but this decision keeps that care out of reach, blocking patients from care and highlighting just how extreme anti-abortion politicians have been in their crusade to ban abortion. But make no mistake — this fight is not over. As litigation continues, we will do everything we can to ensure our patients have access to abortion care, no matter what.

“It is disappointing that two weeks after Amendment 3 took effect, Missourians are still unable to exercise their right to reproductive freedom,” said Planned Parenthood Federation of America president and CEO Alexis McGill Johnson. “ This is unacceptable, and we will not stop fighting to ensure that Missourians’ vote on Amendment 3 is fully realized and protected. Planned Parenthood Federation of America and our affiliated health care providers in Missouri will continue working alongside our partners to restore abortion access and protect Missourians’ reproductive freedom.”

“Today’s decision to block Missouri’s total abortion ban and several of the medically unnecessary restrictions is the first step to realizing the promise of Missourians’ new constitutional right to reproductive freedom,” said Gillian Wilcox, Director of Litigation at the ACLU of Missouri. “While the decision will not allow for plaintiffs to immediately open their doors to provide care because of restrictions that have not yet been enjoined, hospitals and health care providers across the state will be able to provide more care today than they could yesterday without the fear of criminal prosecution. We will continue to fight to see that Missourians’ constitutional rights are fully recognized by the courts.”

The case, Comprehensive Health of Planned Parenthood Great Plains and Planned Parenthood Great Rivers v. State of Missouri, was brought within 24 hours of Missouri voters passing the Right to Reproductive Freedom Initiative, which appeared as Amendment 3 on the 2024 General Election ballot. The amendment creates and protects the fundamental right to reproductive freedom, which is the right to make and carry out decisions about all matters relating to reproductive health care, including prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions.

“Bans off our bodies”

Previously:

Chutzpah (Kansas) (August 4, 2022)

Campaign Finance: Not too sure about that (January 16, 2024)

Missourians for Constitutional Freedom – women’s rights initiative petition for 2024 ballot (January 18, 2024)

Campaign Finance: Remember Kansas? Missouri is next. (January 19, 2024)

Campaign Finance: own it (January 19, 2024)

Campaign Finance: We’re not in Kansas anymore (January 19, 2024)

Mark Alford (r) – failure to read the womb, again (January 21, 2024)
Campaign Finance: More (January 22, 2024)

Campaign Finance: and more (January 23, 2024)

Campaign Finance: It does, but not in the way you think. (January 23, 2024)

Campaign Finance: and even more (January 26, 2024)

Campaign Finance: “No one expects the anti-choice imposition” (January 26, 2024)

Campaign Finance: this is the beginning, not the end (February 1, 2024)

Campaign Finance: keep it coming (February 4, 2024)

Campaign Finance: philanthropy (February 6, 2024)

Missourians for Constitutional Freedom – volunteer training, petition signing, rally – Kansas City, Missouri – February 6, 2024 (February 6, 2024)

Rev. Holly McKissick – Missourians for Constitutional Freedom – Kansas City – February 6, 2024 (February 7, 2024)

Rabbi Doug Alpert – Missourians for Constitutional Freedom – Kansas City – February 6, 2024 (February 7, 2024)

Dr. Iman Alsaden – Missourians for Constitutional Freedom – Kansas City – February 6, 2024 (February 8, 2024)

Hartzell Gray – Missourians for Constitutional Freedom – Kansas City – February 6, 2024 (February 8, 2024)

Campaign Finance: the world in which they want you to exist (February 9, 2024)

Signing, Everywhere, All at Once (February 10, 2024)

Campaign Finance: definitely a global impact (February 16, 2024)

Campaign Finance: forward (February 21, 2024)

Campaign Finance: still more (February 23, 2024)

Campaign Finance: more forward (February 26, 2024)

Campaign Finance: keep it coming in (March 5, 2024)

Signing the Petition – Sedalia, Missouri – March 17, 2024 (March 17, 2024)

Campaign Finance: there’ll be more (March 20, 2024)

Signing the Petition – Warrensburg, Missouri – April 5, 2024 (April 5, 20204)

Campaign Finance: sign the petition (April 10, 2024)

Sign the Petition (April 15, 2024)

Signing the petition in Lexington, Missouri (April 23, 2024)

Campaign Finance: on several levels (April 27, 2024)

Signing the Petition in Raymore, Missouri (April 28, 2024)

Campaign Finance: guess what’s next (April 29, 2024)

This morning in Jefferson City, Missouri – delivering the signed petitions (May 3, 2024)

This morning in Jefferson City, Missouri – delivering the signed petitions – part 2 (May 3, 2024)

Abortion Rights Rally in Jefferson City – May 3, 2024 – Press Gaggle (May 4, 2024)

Campaign Finance: coming up on the agenda (August 6, 2024)

Reproductive Freedom and Health Care will be on the November Ballot (August 13, 2024)

Campaign Finance: the tide (August 14, 2024)

Campaign Finance: for the November wave (August 22, 2024)

Campaign Finance: Bam! (August 23, 2024)

Campaign Finance: Dayam (August 24, 2024)

Campaign Finance: no one has forgotten (August 30, 2024)

Campaign Finance: $10,000.00 here, $10,000.00 there (September 1, 2024)

Campaign Finance: Back to the Dark Ages (September 4, 2024)

Campaign Finance: On an express train back to the Dark Ages (September 4, 2024)

Campaign Finance: $10,000.00 here, $250,000.00 there (September 5, 2024)

Campaign Finance: throw down the gauntlet (September 5, 2024)

Campaign Finance: seriously all in (September 6, 2024)

Campaign Finance: “We will not go back” (September 9, 2024)

Missouri Supreme Court: Amendment 3 is on the November 5, 2024 ballot (September 10, 2024)

Campaign Finance: the road to November 5th (September 12, 2024)

Campaign Finance: apparently a guy thing, mostly (September 14, 2024)

Campaign Finance: Why are we not surprised? (September 19, 2024)

Campaign Finance: a friend (September 23, 2024)

Campaign Finance: wedge issue (September 24, 2024)

Campaign Finance: no time to waste (September 26, 2024)

Campaign Finance: time is almost up (October 4, 2024)

Campaign Finance: Who would have thought? (October 7, 2024)

Campaign Finance: unequal and opposite (October 9, 2024)

Campaign Finance: not messing around (October 10, 2024)

Donald Trump’s (r) World: they want you to continue to live in it (October 15, 2024)

Campaign Finance: In 20 days (October 16, 2024)

Campaign Finance: even more for choice (October 21, 2024)

Campaign Finance: what she said (October 25, 2024)

Campaign Finance: after that forced birth, you’re on your own (October 25, 2024)

Campaign Finance: everyone knows someone (October 27, 2024)

Campaign Finance: making it their business (October 28, 2024)

Campaign Finance: gird your loins (October 29, 2024)

Campaign Finance: To spend on what?

Fuck You, Fuck You, Very, Very Much (October 30, 2024)

Campaign Finance: the forced birthers spend their money (November 2, 2024)

On the same ballot (November 6, 2024)

And here you thought you were safe (November 8, 2024)

Campaign Finance: missed it by that much (November 9, 2024)

Andrew Bailey’s (r) favorite whine (November 27, 2024)

SB 119: right wingnut lunacy (December 5, 2024)

Amendment 3: a number of Missouri’s TRAP statutes enjoined by the Jackson County Circuit Court (December 20, 2024)

“We will not go back”

Amendment 3: a number of Missouri’s TRAP statutes enjoined by the Jackson County Circuit Court

20 Friday Dec 2024

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

abortion, Amendment 3, Jackson County Circuit Court, missouri, TRAP laws, women's health care, women's reproductive health

After voter approval of Amendment 3 in November, providing access to women’s reproductive health care and abortion:

“…the Court finds that Plaintiffs’ Motion should be and is hereby, GRANTED in part and DENIED in part. State Defendants’ Motion to Dismiss should be and is hereby, DENIED…”

TRAP is the terminology for “targeted regulation of abortion providers”.

Today, the Order from Jackson County Circuit Court:

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
AT KANSAS CITY

COMPREHENSIVE HEALTH OF PLANNED PARENTHOOD GREAT PLAINS, et al., Plaintiffs,
v.
STATE OF MISSOURI, et al., Defendants.

Case No. 2416-CV31931
Division 3

….NOW on this day, the Court takes up Plaintiffs’ Motion for Preliminary Injunction, or, In the Alternative, Temporary Restraining Order filed on November 6, 2024, and State Defendants’ Motion to Dismiss filed on November 25, 2024….

….Missouri has a number of statutes and regulations governing the provision of abortions and abortion care. Plaintiffs seek to enjoin Defendants from prosecuting and enforcing some of these laws. Plaintiffs allege the challenged laws in this matter penalize Plaintiffs for providing reproductive health care. It is uncontested that Plaintiffs assist patients in exercising their right to abortion and that Plaintiffs would be subject to criminal penalties for violating the challenged laws.

The Court finds Plaintiffs have standing in this matter. Plaintiffs also have third party standing to bring claims on behalf of their patients….

…Where the statutes at issue unquestionably conflict with the newly established rights afforded by Amendment 3, because they “den[y], interfer[e] with, dela[y], or otherwise restric[t]” the right to reproductive freedom, irreparable injury has been established….

….As Plaintiffs argue, they and their patients are suffering serious harm, whereas Defendants only stand to lose the ability temporarily to enforce some laws that are likely to be held unconstitutional and which further no valid compelling state interest….

….By the language of Amendment 3, the public interest is clear that voters, i.e. the public, intended to create a new fundamental right to reproductive freedom for all Missourians….

The Missouri statutes addressing a total ban on abortion, gestational age ban, and reasons ban have been enjoined by the court. The statute requiring physician admitting privileges has been enjoined. The statute requiring a medication abortion complication plan has been enjoined. The statute with pathology requirements has been enjoined. The statute requiring abortion-specific informed consent has been enjoined. The statute provisions requiring 72 hour and 24 hour waiting periods have been enjoined. The statute with the “telemedicine ban” has been enjoined.

"My body, My choice, My life, My voice"

“None of your business”

72-hour waiting period among Missouri abortion laws temporarily struck down by judge

Previously:

Chutzpah (Kansas) (August 4, 2022)

Campaign Finance: Not too sure about that (January 16, 2024)

Missourians for Constitutional Freedom – women’s rights initiative petition for 2024 ballot (January 18, 2024)

Campaign Finance: Remember Kansas? Missouri is next. (January 19, 2024)

Campaign Finance: own it (January 19, 2024)

Campaign Finance: We’re not in Kansas anymore (January 19, 2024)

Mark Alford (r) – failure to read the womb, again (January 21, 2024)
Campaign Finance: More (January 22, 2024)

Campaign Finance: and more (January 23, 2024)

Campaign Finance: It does, but not in the way you think. (January 23, 2024)

Campaign Finance: and even more (January 26, 2024)

Campaign Finance: “No one expects the anti-choice imposition” (January 26, 2024)

Campaign Finance: this is the beginning, not the end (February 1, 2024)

Campaign Finance: keep it coming (February 4, 2024)

Campaign Finance: philanthropy (February 6, 2024)

Missourians for Constitutional Freedom – volunteer training, petition signing, rally – Kansas City, Missouri – February 6, 2024 (February 6, 2024)

Rev. Holly McKissick – Missourians for Constitutional Freedom – Kansas City – February 6, 2024 (February 7, 2024)

Rabbi Doug Alpert – Missourians for Constitutional Freedom – Kansas City – February 6, 2024 (February 7, 2024)

Dr. Iman Alsaden – Missourians for Constitutional Freedom – Kansas City – February 6, 2024 (February 8, 2024)

Hartzell Gray – Missourians for Constitutional Freedom – Kansas City – February 6, 2024 (February 8, 2024)

Campaign Finance: the world in which they want you to exist (February 9, 2024)

Signing, Everywhere, All at Once (February 10, 2024)

Campaign Finance: definitely a global impact (February 16, 2024)

Campaign Finance: forward (February 21, 2024)

Campaign Finance: still more (February 23, 2024)

Campaign Finance: more forward (February 26, 2024)

Campaign Finance: keep it coming in (March 5, 2024)

Signing the Petition – Sedalia, Missouri – March 17, 2024 (March 17, 2024)

Campaign Finance: there’ll be more (March 20, 2024)

Signing the Petition – Warrensburg, Missouri – April 5, 2024 (April 5, 20204)

Campaign Finance: sign the petition (April 10, 2024)

Sign the Petition (April 15, 2024)

Signing the petition in Lexington, Missouri (April 23, 2024)

Campaign Finance: on several levels (April 27, 2024)

Signing the Petition in Raymore, Missouri (April 28, 2024)

Campaign Finance: guess what’s next (April 29, 2024)

This morning in Jefferson City, Missouri – delivering the signed petitions (May 3, 2024)

This morning in Jefferson City, Missouri – delivering the signed petitions – part 2 (May 3, 2024)

Abortion Rights Rally in Jefferson City – May 3, 2024 – Press Gaggle (May 4, 2024)

Campaign Finance: coming up on the agenda (August 6, 2024)

Reproductive Freedom and Health Care will be on the November Ballot (August 13, 2024)

Campaign Finance: the tide (August 14, 2024)

Campaign Finance: for the November wave (August 22, 2024)

Campaign Finance: Bam! (August 23, 2024)

Campaign Finance: Dayam (August 24, 2024)

Campaign Finance: no one has forgotten (August 30, 2024)

Campaign Finance: $10,000.00 here, $10,000.00 there (September 1, 2024)

Campaign Finance: Back to the Dark Ages (September 4, 2024)

Campaign Finance: On an express train back to the Dark Ages (September 4, 2024)

Campaign Finance: $10,000.00 here, $250,000.00 there (September 5, 2024)

Campaign Finance: throw down the gauntlet (September 5, 2024)

Campaign Finance: seriously all in (September 6, 2024)

Campaign Finance: “We will not go back” (September 9, 2024)

Missouri Supreme Court: Amendment 3 is on the November 5, 2024 ballot (September 10, 2024)

Campaign Finance: the road to November 5th (September 12, 2024)

Campaign Finance: apparently a guy thing, mostly (September 14, 2024)

Campaign Finance: Why are we not surprised? (September 19, 2024)

Campaign Finance: a friend (September 23, 2024)

Campaign Finance: wedge issue (September 24, 2024)

Campaign Finance: no time to waste (September 26, 2024)

Campaign Finance: time is almost up (October 4, 2024)

Campaign Finance: Who would have thought? (October 7, 2024)

Campaign Finance: unequal and opposite (October 9, 2024)

Campaign Finance: not messing around (October 10, 2024)

Donald Trump’s (r) World: they want you to continue to live in it (October 15, 2024)

Campaign Finance: In 20 days (October 16, 2024)

Campaign Finance: even more for choice (October 21, 2024)

Campaign Finance: what she said (October 25, 2024)

Campaign Finance: after that forced birth, you’re on your own (October 25, 2024)

Campaign Finance: everyone knows someone (October 27, 2024)

Campaign Finance: making it their business (October 28, 2024)

Campaign Finance: gird your loins (October 29, 2024)

Campaign Finance: To spend on what?

Fuck You, Fuck You, Very, Very Much (October 30, 2024)

Campaign Finance: the forced birthers spend their money (November 2, 2024)

On the same ballot (November 6, 2024)

And here you thought you were safe (November 8, 2024)

Campaign Finance: missed it by that much (November 9, 2024)

Andrew Bailey’s (r) favorite whine (November 27, 2024)

SB 119: right wingnut lunacy (December 5, 2024)

“Abortion is health care”

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